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THESE RULES GOVERN WHAT CLAIMS YOU CAN BRING, WHAT DAMAGES YOU CAN CLAIM, AND HOW DISPUTES BETWEEN YOU AND THE CONTEST ENTITIES RELATING TO YOUR PARTICIPATION AS AN ENTRANT, OR WINNER (COLLECTIVELY, A “PARTICIPANT”) IN THE PROGRAM WILL BE RESOLVED. THE SECTIONS OF THESE RULES TITLED “WAIVER AND LIMITATIONS OF LIABILITY” AND “DISPUTE RESOLUTION” EXPLAIN WHAT CLAIMS YOU ARE WAIVING, WHAT DAMAGES YOU CAN CLAIM, AND CONTAIN AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION, WHICH STATES THAT YOU AND THE PROGRAM ENTITIES (EACH A “PARTY” AND, COLLECTIVELY, THE “PARTIES”) MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND/OR JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER, OR OTHERWISE ON BEHALF OF OTHERS, IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
PLEASE NOTE THAT THE DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY, AND GOVERNING LAW, WAIVER AND DISPUTE RESOLUTION SECTIONS CONTAIN IMPORTANT LIMITATIONS ON OUR LIABILITY AND OUR AGREEMENT TO ARBITRATE FOLLOWING THE LAWS OF ILLINOIS ONLY.
NO PURCHASE, DONATION, OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS COMPETITION.
It is not necessary for individuals submitting entries on behalf of their legally owned cat or dog (each an “Entrant” and collectively, the “Entrants”) to pay an entry fee, or tender payment of any kind to enter the Contest. Contest entry open only to individual pet owners that are eighteen (18) years of age or older (“Eligible Entry Age”), at the time of entry. Further eligibility restrictions are listed below.
ALL DATES SET FORTH IN THESE OFFICIAL RULES ARE APPROXIMATE. OPERATOR RESERVES THE RIGHT TO EXTEND ANY DEADLINES. ALL ENTRIES AND ANY OTHER MATERIALS SUBMITTED (INCLUDING BUT NOT LIMITED TO SUBMITTED PHOTOGRAPHS) BECOME THE SOLE PROPERTY OF OPERATOR AND WILL NOT BE RETURNED OR ACKNOWLEDGED. INVALID, FALSE, OR DECEPTIVE ENTRIES, VOTES, OR PROFILES SHALL RENDER THOSE ENTRIES OR PROFILES INELIGIBLE.
ELIGIBILITY AND CONSENT
All Entrants must be the legal owner of the entered cat or dog and of Eligible Entry Age, at the time of entry and throughout the duration of the Competition. Void where prohibited or otherwise restricted by applicable law.
Officers, directors, and/or employees of Operator and Operator’s parent companies, Pet Stuff, LLC, along with their respective immediate family members (defined as spouse, parent, child, sibling) are ineligible to participate in the Contest..
Operator reserves the right, in its sole and absolute discretion, to deem an Entrant ineligible to enter or participate in the Contest, at any time and for any reason whatsoever, including due to the Entrant inability to fulfill any obligation(s) as a Winner (as defined below), as required by Operator and these Rules. By entering the Contest, Entrants agree to Operator’s use of their name, biographical information, and Submitted Photographs (as defined below), for both online and offline direct marketing purposes in connection with the Contest.
NOTICE: YOU HAVE NOT YET WON.
HOW TO ENTER
NOTIFICATION TO WINNERS/ BRAND AMBASSADORS
Winners will be notified by email, telephone, or other means reasonably calculated to provide notice, including but not limited to via email message, phone or text message by February 2nd, 2023. Entrants consent to a background check that may be performed, at the sole discretion of the Operator, to verify information provided by Entrants/Competitors and compliance with these Rules, or for other reasons related to the Competition.
By agreeing to appear as the winner of the Contest each Winner consents to the use of their name, photos/videos (including the photo shoot, filming, interview, etc.), and/or likenesses for advertising and trade purposes in connection with the brand, including without limitation, in print and digital materials in the United States, in any and all media known or hereinafter discovered, without territorial or time limitations and without additional compensation, except where prohibited.
Operator reserves the right in its sole and absolute discretion to conduct additional promotions during the Competition (each, if any, an “Ancillary Promotion”, and collectively, the “Ancillary Promotions”). Ancillary Promotions, if any, may be conducted in a manner that may or may not be related to elements of the Competition.
Prior to conducting, and throughout the duration of, any such Ancillary Promotion, Operator will provide the following information about any such Ancillary Promotion:
Examples of Ancillary Promotions may include, but are not limited to, promotions related to incentivizing individuals to enter the Contest during a designated period. In addition to any specific Ancillary Promotion Rules, these Rules, to the extent applicable, shall govern the Ancillary Promotions.
REQUIREMENTS AND CONSENT OF WINNER(S)
Any potential Winner will be required to execute an affidavit of eligibility, a liability/publicity release, Contest release, and other documents (“Prize Claim Documents”). If any Potential Winner fails or refuses to sign and return all Prize Claim Documents within fourteen (14) days of the delivery of prize notification(s), the Potential Winner may be disqualified, and an Alternate Winner may be determined/selected. If you are selected as a Pet Brand Ambassador (each a “Winner”), you consent to your information being included in a publicly available “Winner’s List”. Except where prohibited, acceptance of a prize constitutes the Winner’s irrevocable consent to Operator, its agents, successors, and assigns or other designee’s use of the Winner’s name, likeness, photograph, voice, statement, opinions, biographical information, prize and/or state/city of residence for advertising, promotional and publicity purposes in any and all media or format, worldwide, in perpetuity, without any permission, notification, payment or consideration, except for the awarding of the prizes to the Winner. Operator is not responsible for any failure to notify Operator of any change in address of Entrant(s), By accepting a prize, the Winner agrees to maintain their behavior in accordance with all applicable laws and generally accepted social practices while participating in any Competition activity, including but not limited to participation in or use of a prize. The Winner understands and further agrees that Operator has the right, in its sole discretion, to disqualify and/or remove the Winner from any activity at any time, if Operator determines that the Winner’s behavior at any point is disruptive or inappropriate, or may or does cause damage to person, property, or the reputation of Operator, or otherwise violates the policies of the prize providers.
WAIVER AND LIMITATIONS OF LIABILITY
PARTICIPANTS (TO INCLUDE ENTRANTS AND WINNERS) AGREE THAT, IN NO EVENT, SHALL OPERATOR, PROMOTION ENTITIES, COMPETITION SPONSORS, OR ANY PRIZE PROVIDER (COLLECTIVELY THE “COMPETITION ENTITIES”), WHICH INCLUDES THE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS OF EACH, BE LIABLE OR OBLIGATED TO AN ENTRANT, VOTER, WINNER, OR ANY THIRD PARTY IN ANY MANNER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND IN ANY WAY RELATED TO THE PROGRAM, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, ATTORNEYS’ FEES AND ARBITRATION COSTS. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY.
PARTICIPANTS FURTHER AGREE THAT ALL DECISIONS OF OPERATOR SHALL BE FINAL AND CONCLUSIVE ON ALL MATTERS RELATING TO THE COMPETITION AND THAT THE COMPETITION ENTITIES ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE ENTRY INFORMATION, HUMAN ERROR, TECHNICAL MALFUNCTION, FAILURES, OMISSION, INTERRUPTION, DELETION, OR DEFECT OF ANY TELEPHONE NETWORK, COMPUTER ONLINE SYSTEMS, COMPUTER EQUIPMENT, SERVERS, ACCESS PROVIDERS, OR SOFTWARE, INCLUDING ANY INJURY OR DAMAGE TO PARTICIPANTS OR ANY OTHER PERSONS’ COMPUTER RELATING TO OR RESULTING FROM PARTICIPATION IN THIS PROGRAM, INABILITY TO ACCESS THE ENTRY WEBSITE OR ANY PAGES THEREOF, THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF ENTRIES, ENTRY SUBMISSIONS THAT ARE PROCESSED LATE OR INCORRECTLY OR ARE INCOMPLETE, GARBLED, OR LOST DUE TO COMPUTER OR ELECTRONIC MALFUNCTION OR TRAFFIC CONGESTION ON THE INTERNET OR ANY WEBSITE. PROOF OF ENTERING INFORMATION ON THE WEBSITE IS NOT CONSIDERED PROOF OF DELIVERY OR RECEIPT.
PARTICIPANTS ACKNOWLEDGE AND AGREE THAT OPERATOR DOES NOT MONITOR FOR OFFSITE ACTIVITY AND IS IN NO WAY RESPONSIBLE FOR MANAGING OR CONTROLLING OFF-SITE ACTIVITY VIA SOCIAL MEDIA AND/OR OTHER THIRD-PARTY PLATFORMS, INCLUDING BUT NOT LIMITED TO NEGATIVE AND DISPARAGING CORRESPONDENCE BETWEEN ENTRANTS, COMPETITORS AND VOTERS, OFFSITE VOTE INCENTIVES, MISLEADING OR DECEPTIVE PROMOTIONAL TACTICS, OR ANY OTHER BEHAVIORS CONSIDERED TO BE MISLEADING OR UNSPORTSMANLIKE.
DISPUTE RESOLUTION AND MANDATORY ARBITRATION
Claims shall be heard by a single arbitrator. The arbitration shall be governed by the laws of the State of Illinois. Each Party will, upon written request of the other Party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. Hearings will take place pursuant to the standard procedures of the Consumer Arbitration Rules, although the Parties can appear in person, by video, or telephonically. The standard provisions of the Consumer Arbitration Rules shall apply. The arbitrator will only have the authority to grant any remedy, relief, or outcome that the Parties could have received in court, except injunctive relief. If either Party in a suit seeks injunctive relief, the arbitrator will complete arbitration of the dispute, issue an award of monetary compensation (if any), and then the party seeking injunctive relief may file a new action in state or federal court solely for injunctive relief. The findings of fact and conclusions of law of the arbitrator shall not be submitted as evidence or constitute precedent in this subsequent suit. In addition, the prevailing Party will be entitled to recover its attorneys’ fees and arbitration costs. Except as may be required by law, neither a Party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder, without the prior written consent of both Parties.
If any part of this arbitration provision is deemed to be invalid or unenforceable, then the remainder of this arbitration provision shall remain in full force and effect and shall be construed in accordance with its terms as if the invalid or unenforceable provision were not contained herein.
If for any reason the Program cannot be executed as set forth in these Rules, including but not limited to, as a result of acts of God, acts of war, natural disasters, weather, pandemic or epidemic illness, disease, acts of terrorism, computer virus, tampering, unauthorized intervention, fraud, technical failures, or other factors that may corrupt or affect the security, administration, fairness, integrity or proper conduct of the Program, and/or if the Program is compromised or becomes technically corrupted in any way, electronically or otherwise, Operator reserves the right to cancel, terminate, suspend, and/or modify the Program with or without prior notice, and Operator shall not in any way be responsible or liable for any such cancellation, termination, suspension, and/or modification of the Program and/or any phase of the Program. Further, if the Program is terminated before the original end date, Operator reserves the right, in its sole discretion to modify the procedure for selecting the Winner(s), unless the nature of the event giving rise to such termination renders it impossible to select the Winner(s).
PROGRAM WITHDRAWAL REQUEST
By participating in the program, you understand that if you choose to withdraw from the program that can take up to seventy-two (72) hours to be processed and that a profile may still remain active during this length of time.
NO REFUND POLICY
Prizes will be given monthly in the form of product and/ or services and not refundable for cash.
If you have any questions or comments about the Contest as outlined above or would like to request the name of the winners, please contact email email@example.com.
This Competition is not in any manner sponsored, endorsed, or administered by, or associated with, Facebook or Instagram, and is operated solely by Pet Stuff.